Section 33 – THE COPYRIGHT ACT, 1957

— (1) No person or association of persons shall, after coming
into force of the Copyright (Amendment) Act, 1994 (38 of 1994) commence or, carry on the business of
issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights
conferred by this Act except under or in accordance with the registration granted under sub-section (3):
Provided that an owner of copyright shall, in his individual capacity, continue to have the right to grant
licences in respect of his own works consistent with his obligations as a member of the registered copyright
society:
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[Provided further that the business of issuing or granting licence in respect of literary, dramatic, musical
and artistic works incorporated in a cinematograph films or sound recordings shall be carried out only through a
copyright society duly registered under this Act:
Provided also] that a performing rights society functioning in accordance with the provisions of section 33 on
the date immediately before the coming into force of the Copyright (Amendment) Act, 1994 (38 of 1994) shall be
deemed to be a copyright society for the purposes of this Chapter and every such society shall get itself
registered within a period of one year from the date of commencement of the Copyright (Amendment) Act,
1994.
(2) Any association of persons who fulfils such conditions as may be prescribed may apply for
permission to do the business specified in sub-section (1) to the Registrar of Copyrights who shall submit the
application to the Central Government.
(3) The Central Government may, having regard to the interests of the authors and other owners of rights
under this Act, the interest and convenience of the public and in particular of the groups of persons who are
most likely to seek licences in respect of the relevant rights and the ability and professional competence
of the applicants, register such association of persons as a copyright society subject to such conditions as
may be prescribed:
Provided that the Central Government shall not ordinarily register more than one copyright society to do
business in respect of the same class of works.
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[(3A) The registration granted to a copyright society under sub-section (3) shall be for a period of five
years and may be renewed from time to time before the end of every five years on a request in the
prescribed form and the Central Government may renew the registration after considering the report of
Registrar of Copyrights on the working of the copyright society under section 36:
Provided that the renewal of the registration of a copyright society shall be subject to the continued

1 Chapter VII subs. by Act 38 of 1994, s. 11, (w.e.f. 10-5-1995).
2 Subs. by Act 27 of 2012, s. 19 (i), for “Provided further” (w.e.f. 21-6-2012)
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Ins. by Act 27 of 2012, s. 19 (ii) (w.e.f. 21-6-2012).
collective control of the copyright society being shared with the authors of works in their capacity as
owners of copyright or of the right to receive royalty:
Provided further that every copyright society already registered before the coming into force of the
Copyright (Amendment) Act, 2012 (27 of 2012) shall get itself registered under this Chapter within a
period of one year from the date of commencement of the Copyright (Amendment) Act, 2012.]
(4) The Central Government may, if it is satisfied that a copyright society is being managed in a
manner detrimental to the interests of the 1
[authors and other owners of right] concerned, cancel the
registration of such society after such inquiry as may be prescribed.
(5) If the Central Government is of the opinion that in the interest of the 1
[authors and other owners of
right] concerned 2
[or for non-compliance of sections 33A, sub-section (3) of section 35 and section 36 or
any change carried out in the instrument by which the copyright society is established or incorporated and
registered by the Central Government without prior notice to it], it is necessary so to do, it may, by order, suspend
the registration of such society pending inquiry for such period not exceeding one year as may be specified in
such order under sub-section (4) and that Government shall appoint an administrator to discharge the functions of
the copyright society